South Dakota Power of Attorney Forms


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This package contains the following forms:


  1. General Durable Power of Attorney
  2. Statutory Form of Durable Power of Attorney
  3. Last Will
  4. Statutory Equivalent of Living Will
  5. Estate Planning Questionnaire and Worksheets
  6. Information and Document Inventory Worksheets


Convenient and Affordable Power Of Attorney Forms!

We offer State Specific Power of Attorney Solutions for your Specific Needs! Our South Dakota Power of Attorney forms are written to comply with the laws of South Dakota. You can be assured that these forms are not generic or standardized which could mean they would not be valid in your state. Here, you will find forms to handle finances and property issues, the care of a child, health care decisions, special or limited purposes, as well as forms that are statutory, durable and non-durable. Free Previews and law summaries are available along with our 24 hr 100% satisfaction guarantee.



South Dakota Power of Attorney Law


A power of attorney (POA) is an essential tool for proper financial and estate planning. It allows you, called the principal, to appoint an agent, also called the attorney-in-fact, to handle whatever matters are described in the form on your behalf. Your agent will be able to use the authority you choose to delegate in the same manner as if you were handling it yourself. This can be very convenient when you’re busy, out of town, ill, or have other reasons for wanting to delegate the task to another.

The form can also save you a great deal of money and trouble by bypassing the need for the guardianship process if you have an unexpected accident or illness, or suffer from mental incompetency. If you wait until you’re already mentally or physically disabled and can no longer effectively make decisions, it will be too late to create a POA form, and appointing a guardian can involve much troublesome delay and thousands of dollars.

Title 59 of the South Dakota Statutes contains the laws governing agency. We’ll examine some of the important laws below:

  • General or special agent – You can create a general power of attorney form that grants broad powers to your agent. You should use this type of form to avoid a guardianship to protect you in the event of an unexpected event or mental incompetency. Only a highly trusted individual should be named as your agent in a general POA.


You can also create a special power of attorney to give the agent more limited authority to handle a particular act or transaction. For example, you can create a limited or special POA to handle banking matters, a car or house sale, stock transfer, etc. South Carolina Statutes Section 59-1-2

  • Capacity – You must have legal capacity to sign a POA form. This means you must be able to evaluate and understand the information contained in the form, so that it’s signed knowingly and with your own free will. A durable power of attorney will allow your agent’s authority to stay valid even after you become incapacitated, avoiding the need for guardianship. To create a durable POA, it must contain language showing your intent to have the agent’s authority remain in effect if you later become disabled or incapacitated, or there’s doubt about whether you’re still alive or dead. A nondurable form will automatically be invalidated if you become incapacitated after you sign it. South Carolina Statutes Section 59-2-1, South Carolina Statutes Section 59-7-2.1
 
  • Health power of attorney – Your agent may be authorized to make health care decisions for you. You must use a durable form, since your agent’s authority for health care matters will only take effect once you’re incapacitated. You can provide instructions about your medical treatment and life support preferences for your agent to follow. South Carolina Statutes Section 59-7-2.1 et seq.

Power of Attorney Forms Available for Instant Download or by Mail.

    General and Statutory Power of AttorneyWhat is a General Power of Attorney?A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

    » General Durable Power of Attorney for Property and Finances Effective upon Disability

    » General Durable Power of Attorney for Property and Finances Effective Immediately

    Living Will and Health Care Power of AttorneyLiving Will and Health Care Power of AttorneyA Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

    A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patient�s life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

    » Statutory Living Will

    » Power of Attorney for Health Care - Durable Power of Attorney for Health Care

    Child Care Power of Attorney


    » General Power of Attorney for Care and Custody of Child

    Limited or Special or Vehicle Power of AttorneyWhat is a Limited or Special or Vehicle Power of Attorney?A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

    » Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller

    » Limited Power of Attorney for Stock Transactions and Corporate Powers

    » Limited Power of Attorney where you Specify Powers with Sample Powers Included

    » Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser

    » Power of Attorney for Sale of Motor Vehicle

    » Special Durable Power of Attorney for Bank Account Matters

    Other Power of Attorney Forms

    » Revised Uniform Anatomical Gift Act Donation

    » Revocation of General Durable Power of Attorney

    » Revocation of Statutory Living Will

    » Revocation of Power of Attorney for Health Care

    » Revocation of Power of Attorney for Care of Child

    » Revocation of Anatomical Gift Donation

Need Multiple Forms? - Buy a Package and Save!

    • South Dakota Personal Planning Package

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      » The Personal Planning Package contains essential life documents, information on how to organize life documents and other products.

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    • South Dakota Power of Attorney Package

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      » This Power of Attorney Package contains Power of Attorney forms that allow you to make decisions about your finances, healthcare, and the care of minor children.

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    • Essential Legal Documents for New Parents in South Dakota

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      » This package contains essential legal documents for New Parents who desire to address important changes in their Legal Life with the addition of a child.

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